1.Terms and Conditions

Last updated: January 2019

Please read these terms of use carefully before using our website. Using the website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the website. You acknowledge and agree that the website content is provided solely for your information. The content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for advice provided by a doctor or other qualified healthcare professionals.

2.Interpretation

The following definitions and rules of interpretation apply in these Terms of Use.

2.1.Definitions

"Content" means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website;

"AppointmentHub.co.uk, we, our or us" refers to VIPGP HEALTHCARE LTD, a private limited company incorporated and registered in England and Wales with company registration number 10484943 and our registered office is at 25 The Lunds, Kirk Ella, Hull HU10 7JJ

"Health Specialist" means a health specialist listed on the Website;

"Terms of Use" means these terms of use together with any documents referred to in it;

"User, you or your" means any person who uses the Website, including those who book an appointment with a Health Specialist using the Website; and

2.2.Clause headings shall not affect the interpretation of these Terms of Use

2.3.A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

2.4.Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.5.Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

2.6.A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.

2.7.Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.

2.8.Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.

2.9.Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.10.A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.

3.Acceptance of the terms

3.1.These Terms of Use is a legal agreement between you and us for the use of our Website, whether as a Health Specialist or User. Use of the Website includes accessing, browsing, or registering to use our Website.

3.2.When using the Website, you must also comply with the following terms:

Acceptable Use Policy - which sets out the permitted and prohibited uses of the Website and our services;

Privacy Policy - which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate, current and complete in all respects; and

Cookie Policy - which sets out information about the cookies on the Website.

3.3.By using and/or registering to use the Website, you must read and agree with all of the terms and conditions contained in these Terms of Use. You agree that any use by you of the Website shall constitute your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the Website. We recommend that you store or print-off a copy of these Terms of Use for your records.

4.Website services and accessing the website

4.1. AppointmentHub allows you to search for Health Specialists on the Website by specialism and practice, location or insurer and to schedule appointments with Health Specialists. You may also access information on Health Specialists and their practices, post opinions and ratings in relation to the Health Specialists.

4.2.In consideration of you agreeing to abide by these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, licence to use the Website.

4.3.Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice (see below). Please note that certain sections of the Website are viewable without registering with us but to actively participate, post opinions or ratings or store your information, you must register as a User. We will not be liable if for any reason the Website is unavailable at any time or for any period.

4.4.From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.

4.5.You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.

4.6.You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial- of service attack.

4.7.If you breach clause 4.6, you will be committing criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.

4.8.We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or on any website linked to it.

5.Bookings with health specialists

5.1.The Content on our Website is provided for education, scheduling and general information only. The Content provided on the Website about the Health Specialists have either been obtained by AppointmentHub from generally available public records and databases, written by AppointmentHub from publicly available information and databases, or has been submitted to us by Health Specialists.

5.2. AppointmentHub requires Health Specialists:

to ensure that any Content the Health Specialists provide to us is accurate, complete and truthful;

to use reasonable efforts to update the Content on our Website; and

to ensure that Health Specialists who participate on the Website hold active licenses as required by law to practice the specialities of the services offered by them.

5.3.Notwithstanding the foregoing, AppointmentHub makes no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date. Further, we make no claim as to any Health Specialists’ professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. Furthermore, we do not in any way endorse or recommend any Health Specialist, procedures, opinions or other information or Content listed or accessible through the Website.

5.4.It is the sole responsibility of the Health Specialist to be eligible and capable of providing the appropriate medical advice, treatment, assistance or procedure.

5.5.You are ultimately responsible for choosing your own Health Specialist. Any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure with any Health Specialist listed on the Website is made directly between you and the Health Specialist and AppointmentHub is not a party to such arrangement, booking or contract. You acknowledge and agree that any complaint, grievance or any claim you may have that is in any way connected with a Health Specialist and/or Health Specialist’s practice must be addressed and/or brought directly against the Health Specialist and/or their practice and not against AppointmentHub.

5.6.Please note that the Content on the Website is provided solely for your information and you use the Website at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website and do not use the Website for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.

5.7.Health Specialists listed on the Website with whom you may book appointments, enter into contracts with us, and may pay us a fee in order to be marketed through the Website. We will provide you with Content about the Health Specialists who may be suitable to provide the medical advice you seek based on information that you provide to us such as geographical location and medical specialty. In an effort to assist you in locating a Health Specialist and to enable the maximum choice and diversity of the Health Specialists participating in the services provided on the Website, your search results may also be based on other criteria (including, but not limited to, Health Specialist availability, past selections by Users or ratings of Health Specialists by you or other Users and past experiences of Users with Health Specialists. Notwithstanding the foregoing, AppointmentHub does not receive any additional fees from the Health Specialists for featuring them on the Website (for instance a higher or better placement on the search results on the Website).

5.8.You remain liable for any fees or costs or other liabilities that you incur with a Health Specialist. If, after you have booked an appointment with the Health Specialist and, for whatever reason you fail to turn up to the appointment and/or you cancel the appointment, then you may be liable to any charges and/or penalties that the Health Specialist may impose. We encourage you to read all the terms and conditions of the relevant Health Specialist provision of services prior to booking.

5.9.Where you book an appointment with a Health Specialist through a third party rather than the Website, we may hold your data in accordance with our Privacy Policy and, further, such third party may have access and also hold your data in accordance with their privacy policy. We encourage you to read the other terms and conditions (including privacy policies) of third party websites before using their services.

6.No health specialist patient relationship

6.1.You have the opportunity to submit feedback regarding your experience with Health Specialists featured through the Website. In order to post a review of your experience with a Health Specialist and give a star rating to a Health Specialist, you will need to obtain a code from the Health Specialist when you attend your appointment and input the code into the review icon on the Website to enable you to utilise the review function. Please note that you will not be able to obtain a code from AppointmentHub for this purpose unless AppointmentHub is directly requested to do so by the Health Specialist. A User without a code cannot post a review of a Health Specialist on the Website and will only be able to register their interest in reviewing a particular Health Specialist.

6.2.There will be a twenty four hour delay before any review is published. We may, but we are not obliged to, check your review for inappropriate content or expletives but we do not edit your review or star rating. We reserve the right not to upload your review or remove any uploaded review at our sole discretion.

6.3.If you consider any review on the Website or any User to be offensive, discriminatory, defamatory or otherwise inappropriate, please notify us of such review by sending us details of the review you consider to be inappropriate and the reason why you consider such review to be inappropriate. Healthcare Specialists shall also be able to respond to reviews posted on the Website which concern them.

6.4.Upon receipt of notification that any review is considered to be inappropriate, we will evaluate such review and, in our sole discretion, shall decide whether to remove such Content from the Website.

7.Review of health specialist services

7.1.You have the opportunity to submit feedback regarding your experience with Health Specialists featured through the Website. You must act responsibly when submitting any feedback and you must comply with our Acceptable Use Policy, and in particular you must not submit any review which is false, deceptive or misleading. You shall only be permitted to submit one review per appointment with the relevant Health Specialist. We reserve the right to assess the source of any reviews (which includes identifying the IP address of any reviews submitted) and may delete multiple reviews which we believe originate from the same User. You are solely responsible for any reviews submitted by you or from your account.

7.2. Appointmenthub, or the relevant Health Specialist, may provide facilities at the location of your appointment to allow Users to submit their reviews. However, in order to post a review of your experience with a Health Specialist and give a star rating to a Health Specialist, you may need to obtain a code from the Health Specialist when you attend your appointment and input the code into the review icon on the Website to enable you to utilise the review function. Please note that you will not be able to obtain a code from Appointmenthub for this purpose unless Appointmenthub is directly requested to do so by the Health Specialist. Where a code is required, a User without a code cannot post a review of a Health Specialist on the Website and will only be able to register their interest in reviewing a particular Health Specialist.

7.3.There may be a delay before any review is published. We may, but we are not obliged to, check your review for inappropriate content or expletives but we do not edit your review or star rating. We reserve the right not to upload your review or remove any uploaded review at our sole discretion. This may include removing any reviews which suggest or imply that Appointmenthub has provided any Health Specialist services or in any other way misrepresents the relationship between Appointmenthub and any Health Specialist, or where the review relates to services not provided by the relevant Health Specialist (such as reviews which relate to Appointmenthub’s services).

7.4.If you consider any review on the Website or any User to be offensive, discriminatory, defamatory or otherwise inappropriate, please notify us of such review by sending us details of the review you consider to be inappropriate and the reason why you consider such review to be inappropriate. Healthcare Specialists shall also be able to respond to reviews posted on the Website which concern them.

7.5.Upon receipt of notification that any review is considered to be inappropriate, we will evaluate such review and, in our sole discretion, shall decide whether to remove such Content from the Website.

8.Changes to these terms

8.1.We may update the Website from time to time, and may change the Content at any time. However, please note that any of the Content on the Website may be out of date at any given time, and we are under no obligation to update it.

8.2.We do not guarantee that the Website, or any Content on it, will be free from errors or omissions.

8.3.We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.

8.4.We may revise these Terms of Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Website. Your continued use of the Website after the date the modified terms are posted will constitute your acceptance of the modified terms.

9.Your account and password

9.1.If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

9.2.We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@appointmenthub.co.uk

10.Special terms for health specialists

10.1.The Health Specialist represents and warrants that in relation to their profile Content:

that the Content submitted is true, accurate and reflects the Health Specialist’s capabilities in providing the services listed in the Health Specialist’s profile;

the Health Specialist is appropriately qualified, insured and capable of providing the appropriate medical advice, diagnosis, assistance, treatment or procedure;

the Health Specialist and Health Specialist’s practice have obtained and shall continue to hold all rights, permission and consents to enable Appointmenthub, to use the Content and intellectual property rights in it in accordance with these Terms of Use.

10.2.The Health Specialist and Health Specialist’s practice grants to Appointmenthub, its agents and service providers for the entire time the Health Specialist’s profile appears on the Website, a worldwide, irrevocable, royalty free, fully paid up, transferable, non-exclusive, sublicenseable licence for the purpose of:

providing and maintaining the Website;

displaying the Health Specialist’s profile by any means and across any media whether now known or invented after the date of publication of the Health Specialist’s profile, in any products, services and information provided by Appointmenthub; and

marketing, research and promotional activities.

The rights hereby granted shall include the right to link the Health Specialist’s profile to, or to present it in, conjunction with, other material.

10.3. We may:

disclose to such persons as we reasonably consider to be the owner of the intellectual property in the Content, the Health Specialist’s and/or Health Specialist’s practice’s intention to use such intellectual property right and the Health Specialist and/or Health Specialist’s practice give irrevocable consent to such disclosure; and

ask the Health Specialist and/or their practice to provide us with a suitable documentary evidence that will reasonably satisfy us of the Health Specialist and/or Health Specialist’s practice’s entitlement to make use of the intellectual property right in the Content and to permit us to make use of such intellectual property rights and the Health Specialist and/or Health Specialist’s practice agree to provide such evidence upon request.

10.4.The Health Specialist and the Health Specialist’s practice shall make sure that its officers, employees, agents and service providers shall:

at all times comply with all anti-corruption laws applicable to them, including without limitation the Bribery Act 2010; and

not directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of the contract between the Health Specialist and/or Health Specialist’s practice and us and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to the Health Specialist and/or Health Specialist’s practice or us.

10.5.If the Health Specialist and/or Health Specialist’s practice become aware of any breach or suspected breach of clause 9.4, the Health Specialist and/or Health Specialist’s practice must notify us immediately. We may immediately suspend operation of the contract between the Health Specialist and/or Health Specialist’s practice and us on written notice, pending investigation. Health Specialist and/or Health Specialist’s practice must assist us in any such investigation.

10.6.If in our sole discretion we determine that the Health Specialist and/or their practice have breached clause 9.4:

we may immediately terminate the contract between Health Specialist and/or Health Specialist’s practice and us by giving Health Specialist and/or their practice written notice; and

the Health Specialist and/or Health Specialist’s practice shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.

11.Intellectual property rights

11.1.We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.

11.2.You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to Content posted on our Website.

11.3.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.4.Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.

11.5.You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

11.6.If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12.Limitation of our liability

12.1.Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12.2.To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Content on it, whether express or implied.

12.3.We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website; or

use of or reliance on any Content displayed on our Website.

12.4.We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any website linked to it.

12.5.We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12.6.Our maximum aggregate liability under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.

13.Termination and Suspension

13.1.Either party may terminate these Terms of Use immediately and without notice to the other party. You may terminate these Terms of Use by deleting your account and refraining to use the Website.

13.2. Appointmenthub reserves the right to suspend and or terminate a User’s account or access to the Services immediately in the event a User breaches these Terms of Use (please see our Acceptable Use Policy for further details).

13.3.Upon termination for any reason:

all rights granted to you under these Terms of Use shall cease;

you must cease all activities authorised by these Terms of Use;

and you must immediately delete your account and cease using the Website and certify to us that you have done so.

14.Transfer of rights and obligations

14.1.These Terms of Use is binding on you and us and on our respective successors and assignees.

14.2.You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under it, without our prior written consent.

14.3.We may assign, charge, novate or otherwise dispose of these Terms of Use without your prior written consent.

15.Linking to our website

15.1.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

15.2.You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3.You must not establish a link to our Website in any website that is not owned by you.

15.4.Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.

15.5.We reserve the right to withdraw linking permission without notice.

15.6.The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

15.7.If you wish to make any use of Content on our Website other than that set out above, please contact support@appointmenthub.co.uk

16.Third party links and resources in our website

16.1.Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

16.2.We have no control over the contents of those sites or resources and acceptance no liability for them.

17.General terms

17.1.Communications. We are required to provide certain information to you in writing. By accepting Terms of Use, you agree that we can communicate with you electronically either by email or by posting notices on the Website.

17.2.Severance. If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

17.3.Waiver. If we fail to insist upon strict performance of any of these Terms of Use, or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of obligation arising under these Terms of Use shall constitute a waiver of any other breach.

17.4.Third Party Rights. A party who is not a party to these Terms of Use shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms of Use save for any parent, subsidiary, or affiliate entity within our group company.

17.5.Entire Agreement. These Terms of Use and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

17.6.Law and Jurisdiction. Subject These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.7.Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.

18.Contact us

Please contact us at the following email address with any questions and/or complaints about our service to you support@appointmenthub.co.uk